Interpretation ID: nht94-2.17

TYPE: Interpretation-NHTSA

DATE: April 5, 1994

FROM: John Womack -- Acting Chief Counsel, NHTSA

TO: Mark Archer -- Orbital Engine Company Pty. Ltd. (Australia)

TITLE: None

ATTACHMT: Attached to fax dated 10/5/93 from Mark Archer to NHTSA (OCC 9183)

TEXT:

This responds to your letter in which you asked if the National Highway Traffic Safety Administration (NHTSA) has any regulations affecting a vehicle that has an automatic engine shut-off device that operates when the vehicle remains idle for extended pe riods. I regret the delay in responding.

By way of background information, NHTSA administers Federal requirements for the manufacture and sale of new motor vehicles and certain items of motor vehicle equipment. The National Traffic and Motor Vehicle Safety Act ("Safety Act," copy enclosed) est ablishes a "self-certification" process under which each manufacturer is responsible for certifying that its products meet all applicable Federal motor vehicle safety standards (FMVSS's). This process requires each manufacturer to determine in the exerc ise of due care that its products meet all applicable requirements. NHTSA tests vehicles and equipment sold to consumers for compliance with the FMVSS's and investigates defects relating to motor vehicle safety. If a manufacturer or NHTSA determines th at a noncompliance or safety-related defect exists, the manufacturer must notify purchasers of its product and remedy the problem free of charge. A manufacturer of a noncomplying product is also subject to a civil penalty of up to $1,000 for each noncom plying item it produces. I have enclosed an information sheet that highlights these responsibilities.

We cannot tell from your letter whether you seek to produce a vehicle that has a shut-off device installed as original equipment ("O.E."), i.e., prior to a first sale to a consumer, or produce the device as an "aftermarket" item of equipment, sold for in stallation in used vehicles. We will discuss both situations in this letter.

A shut-off device may not be installed on a new vehicle if the device causes the vehicle not to comply with all applicable FMVSS's. Standard No. 102, "Transmission shift lever sequence, starter interlock, and transmission braking effect," states that "t he engine starter shall be inoperative when the transmission shift lever is in a forward or reverse drive position." (S3.1.3). NHTSA does not know of any shut-off device that would enable a vehicle to meet S3.1.3 of Standard 102. In 1984, NHTSA termina ted rulemaking on an action that would have amended S3.1.3 to permit a shut-off device that restarted the vehicle's engine when the accelerator is depressed. A copy of the termination notice is enclosed. The agency terminated rulemaking citing a number of safety concerns with the particular features of the shut-off device that was the subject of the rulemaking. NHTSA stated in the notice that, if in the future a more effective and safe fuel saving device is developed, NHTSA would again consider amend ing Standard 102. However, given that S3.1.3 of Standard 102 was not amended, that section precludes the O.E. installation on a shut-off device such as the one described in the termination notice.

With respect to the aftermarket installation of a shut-off device, there is currently no FMVSS that directly applies to the product. Standard 102 applies only to new motor vehicles and not to aftermarket components of a vehicle's transmission, such as a shut-off device.

However, there are other Federal requirements that indirectly affect the manufacture and sale of a shut-off device. Under the Safety Act, the product is considered to be an item of motor vehicle equipment. As explained above, each manufacturer of motor vehicle equipment is subject to the requirements in SS151-159 of the Safety Act concerning the recall and remedy of products with safety related defects. In the event that the manufacturer or NHTSA determines that the product contains a safety-related defect, the manufacturer would be responsible for notifying purchasers of the defective equipment and remedying the problem free of charge.

Manufacturers, distributors, dealers, and motor vehicle repair businesses are subject to S108(a)(2)(A) of the Safety Act, which states: "No manufacturer, distributor, dealer, or motor vehicle repair business shall knowingly render inoperative ... any de vice or element of design installed on or in a motor vehicle or item of motor vehicle equipment in compliance with an applicable Federal motor vehicle safety standard ...." This means that if a shut-off device were sold in the "aftermarket," no manufact urer, distributor, dealer, or motor vehicle repair business could install it if doing so would render inoperative any previously certified item of equipment in the vehicle. As explained above, each motor vehicle is certified as meeting Standard 102. A shut-off device that causes the vehicle to no longer comply with Standard 102 could not be installed by any person listed in section 108(a)(2)(A) without subjecting that person to civil penalties (section l09 of the Safety Act specifies a civil penalty o f up to $1,000 for each violation of S108).

The "render inoperative" prohibition of S108(a)(2)(A) does not apply to the actions of vehicle owners in adding to or otherwise modifying their vehicles. However, NHTSA urges all owners not to perform modifications that would degrade the safety of their vehicles, such as installing a fuel shut-off device that raises significant safety concerns.

I hope this responds to your concerns. If you have any further questions, please contact David Elias of my staff at this address or by telephone at (202) 366-2992.